Parenting Plan Flashcards
Timesharing Plan
Establishes how much time each parent gets with the kid(s).
Default Presumption = equal time
Timesharing Plan Factors
- The parent’s ability to provide a stable home environment for the child;
- the child’s preference, even though there is no age at which the child has absolute choice; and
- each parent’s willingness to allow timesharing and to encourage an ongoing relationship with the other parent
Best Interests of the Child
IN FLORIDA, THE PRIMARY STANDARD FOR DETERMINING ALL MATTERS RELATING TO PARENTING, TIMESHARING, AND SUPPORT IS THE BEST INTERESTS OF THE CHILD.
Modifications
COURTS MAY MODIFY TIMESHARING AND PARENTING PLAN DETERMINATIONS UPON A SHOWING OF A SUBSTANTIAL, MATERIAL, AND UNANTICIPATED CHANGE OF CIRCUMSTANCES AFFECTING THE CHILD’S WELFARE.
Parental Responsibility
Parental responsibility includes the rights over the children regarding major decisions such as healthcare, religious upbringing, and education.
Default = parents retain shared responsibility
-deviate from default if default is not in the best interest of the child-
Sole = 1 parent is designated.
Parens Patriae
The state has parens patriae authority to ensure that children receive reasonable medical treatment necessary for the preservation of life.
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
created for interstate custody disputes
Home State Rule Exception
does not apply and a court has jurisdiction to enter or modify a child custody or visitation order if no other state has home state jurisdiction and (i) the child and at least one parent have a significant connection with the state, and (ii) substantial evidence is available in the state concerning the child’s care, protection, training, and personal relationship
Home State Rule under UCCJEA
Home State Rule: a court competent to decide child custody matters has jurisdiction to make a child custody determination if the state: (i) is the child’s home state, or (ii) was the child’s home state within the past 6 months and the child is absent from the state, but a parent or person as as a parent continues to live in the state.
Exclusive Continuing Jurisdiction under UCCJEA
Court that made the initial custody or visitation determination has exclusive continuing jurisdiction until the ct determines that: (i) neither the child nor the child’s parents continue to reside in the state; or (ii) the child no longer has a significant connection with the state.
